SR-070996-8A
f:\atty\muni\strpts\m]m\parkfee.sr
CIty Counc~l Meeting 7-9-96
SA
JUL 0 9 1996
Santa MonIca, CalIfornIa
TO: Mayor and CIty CouncIl
FROM: CIty Attorney
SUBJECT: OrdInance AmendIng Santa MonIca MunICIpal Code SectIon
2.72.010 RelatIng to Fees for MunICIpal SerVIces
IntroductIon
Legal staff hereby recommends that the City CounCIl approve the
attached proposed ordinance clarifying the CIty'S power to Impose
recreatIon fees.
DIScussion
For many years, the City has charged fees for recreatIonal
aCLIvItIes. However, the MunICIpal Code does not contaIn explICIt
authorIzatIon for such fees. Legal staff belIeves that thIS lack
of explICIt authorIzatIon certaInly does not InvalIdate recreatlon
fees.
However, In order to achieve consistency with other Code
prOVIsions explIcitly authoriZIng other fees and In order to
clarIfy eXIstIng law, legal staff submIts thIS proposed ordInance.
The proposed ordinance would amend MuniCIpal Code SectIon 2.72.010,
"Fees for Municipal Services."
A sentence would be added to
prOVIde that the user fees and fees for serVIces which the CIty is
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8A
JUl 0 9 1996
authorlzed to establlsh under this Sectlon speciflcally lnclude
fees for recreatlon, youth and sports programs.
RECOMMENDATION
It 18 respectfully recommended that the accompanying ordlnance be
lntroduced for flrst readlng.
PREPARED BY:
Marsha Jones Moutrie, Clty Attorney
Claudia Thompson, Legal Admln. Staff Asst.
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f:\atty\mun1\laws\parkfee.ord
C1ty Council Meet1ng 7-9-96
Santa Mon1ca, Californla
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUTIICIPAL
CODE SECTION 2.72.010 RELATING TO FEES FOR
MUNICIPAL SERVICES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Mon1ca Municipal Code Sect10n 2.72.010 1S
amended to read as follows:
2.72.010 Fees for munic1pal services.
The C1ty may establ1sh and set the amount of user
fees or fees for serV1ces Wh1Ch are provided to or
benef1t part1cular 1ndlvlduals rather than the general
nubIlc.
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SECTION 2. Any prov1s1on of the Santa Mon1ca Municlpal Code
or appendices thereto 1nconS1stent wlth the prov1sions of thlS
Ordlnance, to the extent of such lnconslstencles and no further, 1S
hereby repealed or modlfled to that extent necessary to effect the
proVlslons of thlS Ordlnance.
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SECTION 3. If any sect1on, subsect1on, sentence, clause, or
phrase of this Ord1nance 1S for any reason held to be lnvalld or
unconstltutlonal by a declS10n of any court of competent
)urlsdiction, such decision shall not affect the valldity of the
remalnlng portions of this Ordlnance.
The City Council hereby
declares that it would have passed this Ordlnance and each and
every sectlon, subsectlon, sentence, clause, or phrase not declared
lnvalld or unconstltutional without regard to whether any port~on
of Lhe ordlnance would be subsequently declared lnvalld or
unconstltutlonal.
SECTION 4.
The Mayor shall sign and the Clty Clerk shall
attest to the passage of thlS Ordlnance.
The Clty Clerk shall
cause the same to be publlshed once in the official newspaper
wlthln 15 days after its adoption.
ThlS Ordlnance shall become
effectlve 30 days from its adoption.
APPROVED AS TO FORM:
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'UL~ A._,.t.(J J\Lt 1,---ru:.:e
Y~~SHA JaNE MOUTRIE
Clty Attorney
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